Los Angeles daily herald., 1887-11-23
THE CARVER CASE.
Partial Examination Be
fore Justice Austin.
EMBEzzLEMENT THE CHARGE.
Testimony introduced on Behalf
of the Complaining
Witness.

his preliminary examination Oh
charge of embezzlement.
DR.. w. B. Simonton was sworn, and
testified as follows: "I live at Oak.
land, and practic as doctor. l first
knew Leonard H. Carver about the
latter part of August. 1886. He was
introduced to our family by his pres
ent wife, then Miss Nellie Reynolds.
Miss Reynolds is no relation to me or
to any Of my family. Carver and l
talked about the real estate business
of Los Angeles, and in the course OF
this conversation, he said: 81 think
l can put you on the track of making
some money on property in Los An
geles if you will go there with me"
I told him that had not much money
to invest, and at that time ! could not
conveniently leave home. He asked
me about how much money l had to
invest, and l told him about $4,000.
This conversation took place in my
parlor at Oakland, and we were alone
at the time. The next conversation
1 had with him was about a
week later. told him l had bought
some property in Oakland, for which
1 had paid about $4,000. He asked me
how much had left. l said about
$500. He then said he would look
out for good investment for me in
Los Angeles, and if he succeeded l
was to telegraph the money if he re-
quired it. He had to receive the
money through the First National
Bank of Los Angeles. The money
was to purchase property for me in
Los Angeles. He soon found an in
vestment and l telegraphed him first
$1,000 on September 18th, 1886. |
sent it, simply relying on his word
that he could do we'll with it and
make money for me. l sent the
money through Wells, Fargo & Co. to
be paid by them into the Los Angeles
First National Bank and then Carver
would draw it from the bank. A
month later l sent him $3.50, through
the same channel, as had received a
letter from him.
The following is the letter consider
ably condensed: 81 have got lot
for you with improvements. house of
five rooms. A bargain, and | can get
it for $1,000 and soon sell again at
$500. NV friends have bought some
lots at $3.50 and sold them IT $3.50
soon after. 1 would like to get few
like this for you."
A second letter-"Glad to hear you
were satisfied with the purchase. If
you would like to invest $500, l can
get YOU lot in East Los Angeles, and
there will soon be boom there"
of T., SC Of I Of
send the $780,"
A third letter ran thus: "Your
house here is not one that you would
like to live in. l have had an ad-
vance of $3.50 offered on it, but would
not take it. l have a chance of lot
for $3.50, and if you send me the
money I'll make quick turn"
81 sent Carver this $3.50, and got a
receipt from Wells, Fargo q Co, No
vember l, 1886. (Receipt produced
and idcntifed). This $3.50 was to
purchase the lot named in the last
letter."
The next letter was dated Novem-
ber %, 1886. 1t read: 81 got the lot
for you, and it is already recorded.
Some parties are thinking Of buying it.,
and if they do, will clear 5000. If l
sell, l will look out for another lot for
you" 80, >.
81 received no more letters till after
Carver's second visit to Oakland, about
the latter part of December or the be-
ginning of January. 1 asked him if
he had brought the deed with him.
He said he had not, but had the deed
made in his name so that he could
sell the more readily. He told me he
had sold the Crescent street lot, for
which the $3.50 was sent, for $3.50, but
I'm not quite sure. | said send me
the deed. He said that it would be
awkward to sell if he sent me the
deed. 1 sent him a power Of attor-
ney' for the purpose Of disposing
OF the lots more readily. He
said he had put all the money into
property in East Los Angeles. 1
afterwards received the following let
ter dated January 23d. Received the
power all right. Have not sold lot,
and as soon as it goes will send you
$500. have made two turns on the
LOTS"
In answer to this letter 1 demanded
the deeds for the lots he had bought.
In return l received another letter: 81
send you a map of the city. The lot
ia marked / and the house 2, and you
can get acquainted with the city and
at the same time see the locality OF
your purchases" l received the map
lproduced and identlfed). 1 then
wrote and again demanded the deeds,
as he had not sent them, according to
his promise, but had sent the map in
place of the deeds. then wrote and
told him wanted matters adjusted in
case of my death, and received the
following: "The deed. would have
been sent before this date, but as !
have not sold l retained them and
will send you them in two weeks
time, if l do not sell in the meantime
You need not be nervous, for in case
of your decease Mrs. Simonton would
receive the property without any
trouble" This letter did not reply
to, and shortly after / received the
following:
"Haye had a little trouble about the
house in regard to the letting OF it.
etc The second lot on which you
Maid $500 have had offered $500 fol
#. The title and deed are secure in
INV safe and the deed to the lot is In
the Los Angeles Bank, SO you see
have everything safe. After this
wrote to him and stated that hac
repeatedly written and asked for tht
deeds, and as l had never received
them l thought it time that l hat
some legal evidence whether l ownet
any property in Los Angeles or not
Since then have not written to him
Ihave never received the deeds ant
never cent"
Mr.. Van Dyke was then sworn, ant
stated: II was written to by an at
torney from San Francisco relating u
the matter of Carver and DR.. Simon
TON L a.allol 1a., Garx1or Ha inf0rmal